10 cases that could change how the Supreme Court looks at the Second Amendment – CNN

There are 10 cases waiting before the justices, and it only takes the agreement of four of the nine justices to vote to hear a case -- a low hurdle for the right-leaning Supreme Court seemingly eager to make a broad Second Amendment ruling.

Justice Clarence Thomas in 2018 complained that the lower courts were treating the Second Amendment right "cavalierly."

Jacob Charles, the executive director of the Center for Firearms Law at Duke Law School says it seems as though there are "at least" four justices eager to rule on a Second Amendment case, but that is no guarantee the court will make a sweeping ruling the way some conservatives hope.

"That means a court that is to the right of where it was in 2008, but the chief's position as the median may make him more cautious, seeking a narrower decision, with a more gradual approach to the Second Amendment," Charles said.

"Anybody reading what came out in the New York City case recently and just following the court and its changed makeup would have to say there's a high likelihood they are going to take up a Second Amendment case," said Eric Tirschwell, managing director of the pro-gun control group Everytown Law.

Ability to carry firearms outside the home

Five of the 10 cases the court is looking at ask justices to determine whether the Second Amendment allows the government to restrict the ability of citizens to carry a firearm outside the home to those with "good cause" or "justifiable need" to do so.

The law "effectively bars ordinary, law-abiding citizens from carrying handguns outside the home for self-defense," Paul Clement, a lawyer for Rogers, said in court papers. Clement is a former solicitor general under President George W. Bush.

Rogers' lawyers speak directly to the justices unhappy with how the 2008 ruling is being interpreted, arguing that the Supreme Court's review is necessary to "correct the decision of the court below essentially ignoring the clear holdings of Heller."

In court papers, New Jersey said it has not "banned carrying a firearm in public; instead, the State has carefully limited public carrying to those individuals with a need to do so."

"We hope the court will consider the issue of carry outside the home, as the lower courts have ignored existing Supreme Court precedent regarding the right to bear arms," said the NRA's Amy Hunter.

Assault-style Weapons

Two high profile cases on assault-style weapons sit before the justices involving challenges to state laws involving bans on certain semiautomatic firearms and high capacity magazines, one from Illinois and one from Massachusetts.

The court has ducked similar challenges on assault-style weapons limits before.

Other kinds of restrictions

The justices also have the potential to take a narrower approach.

At issue is whether the law violates the Second Amendment because it prohibits the manufacture or sale in California of some models of handguns that may be made or sold elsewhere, especially given the narrowing regulations impressed upon gun manufacturers.

While all sides are watching closely, there's no guarantees with anything involving the Supreme Court, however.

"When the court will take another gun case, what it will be, and what the court will decide is all guesswork," said Jonathan Lowy, chief counsel and vice president of pro-gun safety organization Brady: United Against Gun Violence. "They could grant cert in these cases as soon this week, or soon after, and we will be ready to ensure that Americans' right to life is not infringed upon by the gun industry."

Tirschwell says that Everytown is "optimistic" that even in a more conservative configuration, the court will uphold gun safety laws coming from state houses across the country.

"The bottom line is that is that the American public overwhelming supports gun safety laws and what we've seen over the last two years in statehouses across the country lawmakers are responding to that," he said. "So the gun lobby is looking to the courts."

CNN's Ariane de Vogue contributed to this report.

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10 cases that could change how the Supreme Court looks at the Second Amendment - CNN

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